[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 466 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. RES. 466
Calling for the release from prison of former Prime Minister of Ukraine
Yulia Tymoshenko.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2012
Mr. Inhofe submitted the following resolution; which was referred to
the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Calling for the release from prison of former Prime Minister of Ukraine
Yulia Tymoshenko.
Whereas Ukraine has experienced encouraging growth and reforms since it declared
its independence from the former Soviet Union in 1991 and adopted its
first constitution in 1996;
Whereas the 1996 constitution provided basic freedoms like the freedom of
speech, assembly, religion, and press, but was ultimately too weak to
contain the existing corruption-laced political culture inherited from
its communist past;
Whereas, as a result of the electoral fraud by which Mr. Yanukovych was declared
the winner, the citizens of the Ukraine organized a series of protests,
strikes, and sit-ins, which came to be known as ``The Orange
Revolution'';
Whereas the Orange Revolution, in concert with United States and international
pressure, forced the Supreme Court of Ukraine to require an
unprecedented second run-off election, which resulted in opposition
leader Mr. Yushchenko defeating Mr. Yanukovych by a margin of 52 percent
to 44 percent;
Whereas, in the 2010 presidential election, incumbent Yushchenko won only 5.5
percent in the first round of voting, which left former Prime Minister
Yanukovych and then Prime Minister Yulia Tymoshenko to face one another
in the run-off election;
Whereas, Mr. Yanukovych defeated Ms. Tymoshenko by a margin of 49 percent to 44
percent;
Whereas, shortly after the 2010 inauguration of Mr. Yanukovych, the Ukrainian
Constitutional Court found most of the 2004 Orange Revolution inspired
constitutional reforms unconstitutional;
Whereas, in 2010, President Yanukovych appointed Viktor Pshonka Prosecutor
General, equivalent to the United States Attorney General;
Whereas, since Mr. Pshonka's appointment, more than a dozen political leaders
associated with the 2004 Orange Revolution have faced criminal charges
under the Abuse of Office and Exceeding Official Powers articles of the
Ukrainian Criminal Code;
Whereas, in 2011, Prosecutor General Pshonka brought charges under these Abuse
of Office articles against former Prime Minister Yulia Tymoshenko over
her decision while in office to conclude a natural gas contract between
Ukraine and Russia;
Whereas, on October 11, 2011, Tymoshenko was found guilty and sentenced to seven
years in prison, fined $189,000,000, and banned from holding public
office for three years;
Whereas, recognizing the judicial abuses present in Ukraine, the Parliamentary
Assembly Council of Europe (PACE) passed Resolution 1862 on January 26,
2012;
Whereas Resolution 1862 declared that the Abuse of Office and Exceeding Official
Powers articles under which Tymoshenko was convicted are ``overly broad
in application and effectively allow for ex post facto criminalization
of normal political decision making'';
Whereas, since Ms. Tymoshenko's imprisonment, the Prosecutor General's Office
has reopened additional cases against her that were previously closed
and thought to be sealed under a ten-year statute of limitations;
Whereas, on October 28, 2011, the Ukrainian Deputy Prosecutor General alleged in
a television interview that Ms. Tymoshenko was involved in contract
killings, tax evasion, bribery, and embezzlement;
Whereas, at the time of the Deputy Prosecutor's public allegations, no formal
charges were filed, thereby violating Ms. Tymoshenko's right to
``presumed innocence'' guaranteed by Article 6(2) of the European
Convention on Human Rights;
Whereas, since August 5, 2011, Ms. Tymoshenko has languished in a prison cell in
Ukraine with limited outside contact and access to needed medical
treatment;
Whereas the denial of proper medical assistance has left Ms. Tymoshenko in a
failing state of health;
Whereas international calls for Ms. Tymoshenko's release, access to outside
visitors, and adequate medical treatment have been ignored even as her
health continues to deteriorate;
Whereas, on April 28, 2012, major international news organizations, including
the British Broadcast Corporation and Reuters, reported on and produced
photos of bruises received by Ms. Tymoshenko during an apparent beating
by prison guards on April 20, 2012;
Whereas, in response to her inhumane treatment, Ms. Tymoshenko began a hunger
strike on April 20, 2012;
Whereas, amid international outrage, the European Union has delayed indefinitely
the signing of a free trade agreement with Ukraine, and the member
countries of the Organization for Security and Co-operation in Europe
currently are deliberating whether to allow Ukraine to assume the
chairmanship of the organization, which has been scheduled for 2013; and
Whereas, under international pressure, Ms. Tymoshenko was moved to a hospital in
Kharkiv on May 9, 2012, prompting her to end her hunger strike: Now,
therefore, be it
Resolved, That the Senate--
(1) condemns the administration of President Viktor
Yanukovych for the politically motivated imprisonment of former
Prime Minister Yulia Tymoshenko;
(2) calls on the Yanukovych administration to release Ms.
Tymoshenko immediately for medical reasons;
(3) urges the Organization for Security and Cooperation in
Europe not to recognize Ukraine's scheduled 2013 chairmanship
of the Organization until the release of Ms. Tymoshenko;
(4) urges the Department of State to withdraw the United
States Ambassador to the Ukraine and suspend operations at the
United States Embassy in Kiev until the release of Ms.
Tymoshenko;
(5) calls on the Department of State to institute a visa
ban against President Yanukovych, Prosecutor General Viktor
Pshonka, and other officials responsible for Ms. Tymoshenko's
imprisonment; and
(6) calls on the North Atlantic Treaty Organization to
suspend all cooperative agreements with Ukraine and place
Ukraine on indefinite probation with regard to its Distinctive
Partnership with the Organization until the release of Ms.
Tymoshenko.
<all>